NAKULA DALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of Public Interest Litigation challenging the action of the Government in transferring/allotting a piece of Government land situated in Cuttack City in favour of the S.C.B. Medical Public School - Opp. Party No. 5.

(2.) THE Petitioners have filed this Writ Petition claiming themselves to be fishermen by profession and members of different Fishery Co -operative Societies and also as members of the public. The question with regard to the locus standi of the Petitioners to maintain the present Writ Petition as a Public Interest Litigation would be dealt with at a later stage of this Judgment.

(3.) WHEN the matter stood thus, the Opp. Party No. 6 who is stated to be Headmistress of Opp. Party No. 5 school came up on the land in the first week of June, 2006 and tried to fill up the fishery tank with sand which gave rise to a hue and cry amongst the staff of the Fishery Directorate as well as the general public. Pursuant to such action, it is alleged that the Director of Fishery vide letter dated 30.6.2006 under Annexure -8 addressed to the Commissioner -cum -Secretary, Fisheries and the A.R.D. Department, Government of Orissa intimated the said Commissioner -cum -Secretary regarding the action of filling up of the dry dock fishery and on query, the authorities of the Opp. Party No. 5 school intimated the Director that advance possession of land has been given to the school authority for construction of the school building.